A. Definitions:
B. This agreement ("Agreement") is a legally binding contract between You and Outpan.
C. Pursuant to this Agreement, Outpan shall provide You with access to its platform, namely Outpan.com, that enables You to make Your Application available for using and purchasing by users.
D. This Agreements covers both free and paid Applications.
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
Accepting the Agreement on Your Own Behalf
1. In order to use Outpan.com as a developer, You, the Developer, accept this Agreement and agree to all the terms therein.
2. You confirm that you have ALL the legal rights to the Application(s) and that you have FULL legal authority to make Your Application(s) available to users through Outpan.com.
Accepting the Agreement on Behalf of a Third-Party
3. If You are accepting this Agreement on behalf of a third-party, including but not limited to Your employer, You confirm that You have the FULL legal authority to do so. If you lack such authority, You shall not accept this Agreement and You shall not use Outpan.com on behalf of the third-party. Outpan reserves the right to take ANY necessary actions against you in case you do not comply with this term, including but not limited to seek damages against You.
Developer Profile
4. You also confirm that You shall provide complete and accurate information in Your Developer Profile, at ALL times.
Terminating the Agreement
5. You may terminate this Agreement by removing your Application(s), ALL of them, from Outpan’s platform.
6. Outpan may terminate this Agreement for ANY reasons with a 30-day written notice to You.
7. Outpan may terminate this Agreement, without a 30-day written notice if:
a. You breach ANY terms of this Agreement;
b. Outpan is compelled by law to do so;
c. Outpan decides to cease operations.
Using Outpan’s Platform And Responsibilities of the Parties
8.You confirm that You have ALL the legal rights to, and FULL legal authority to make available Your Application(s), pursuant to ss. 1, 2 & 3 of this Agreement.
9. Once You have uploaded Your Application(s) on Outpan.com, it is solely Your responsibility to provide support to the users.
10. You agree that You shall comply with ANY applicable regulations and laws, including but not limited to ALL privacy, and Intellectual Property laws and regulations that may apply.
11. You agree that Outpan has no responsibilities to You with respect to Your Application. You agree that You are solely responsible for Your Application and Your use of Outpan.com, including but not limited to any damages or loss suffered by Outpan, and the users, and any privacy or Intellectual Property claims made against you by a third-party.
12. You agree and understand that You shall use Outpan.com at Your own risk and that Outpan.com is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
13. Outpan agrees that Outpan has no right to any Intellectual Property Rights that You hold with respect to Your Application(s), unless otherwise agreed on between the parties.
14. Any data and information collected according to this Agreement shall be handled in accordance with the applicable laws, as outlined in s.27.
Payments to You
15. If You are to receive payment(s) from Outpan, You shall create an account with a financial services provider that is accepted by Outpan (“FSP”). You shall receive Your payment ONLY via Your FSP.
16. In case of a conflict between Your Agreement with Your chosen FSP and this Agreement, the terms of this Agreement shall apply.
Price of Your Application(s)
17. The price for Your Application(s), that the users see on Outpan.com, is what You choose. The price shall be shown in American Dollars. If you chose another currency, Outpan is not responsible to You for the accuracy of exchange rates and any loss to You, as a result of conversion of currencies.
Taxes
18. You give permission to Outpan to include any applicable taxes to the price of Your Application.
Outpan’s Services Fee
19. Outpan shall receive 20% of every sale of your Application(s) (“Services Fee”).
20. You grant permission to Outpan to deduct its Services Fee from any payments due to You, prior to making the payment to You.
21. If You have chosen to make Your Application available for free on Outpan’s platform, Outpan shall not charge You any Services Fee.
Changing the Agreement
22. You agree that You read and understand this Agreement and that You actively review the Agreement, during Your use of Outpan.com.
23. Outpan reserves the right to change this Agreement at its own discretion and at any time.
24. Outpan agrees to give You notice immediately after it makes any changes to this Agreement.
25. You agree to read the Agreement and check any changes that have been made immediately after being notified of any changes made by Outpan. If You do not agree with the changes, You may terminate this Agreement pursuant to s.5 of this Agreement within 14 days of the date on the notice. If 14 days pass and You continue Your use of Outpan, that constitutes Your agreement to the changes.
Disputes
26. If the parties cannot resolve any dispute arising from this Agreement via negotiation and mediation, then the parties may choose other alternative dispute resolution methods or litigation.
Applicable Laws
27. This Agreement and any dispute arising thereof shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada and applicable federal laws of Canada, notwithstanding the principles of conflict of laws.
Jurisdiction
28. You agree to and waive any objections to the jurisdiction of the Courts of British Columbia, Canada, over any legal issue and dispute arising from this Agreement.